Breaking a lease in Rhode Island

Chapter 34-18 gives a tenant three ways to end a lease early. A tenant who is 65 or older, or turns 65 during the term, may end it to move into assisted living, a nursing facility or federally designated elderly housing, by written notice with proof of admission; it ends no earlier than 45 days after the first rent due date after the notice. A servicemember may end it after entering military service, or on permanent change of station or deployment orders of at least 90 days, by written notice with a copy of the orders. Since July 1, 2026, a tenant may also end it without penalty if the tenant or a household member was a victim of abuse, domestic violence, sexual assault or stalking within the last 150 days, with written verification (R.I. Gen. Laws § 34-18-15; R.I. Gen. Laws § 30-7-10; R.I. Gen. Laws § 34-18-40; R.I. Gen. Laws § 34-18-63 (P.L. 2026, ch. 147)).

• For a monthly lease, the servicemember's termination takes effect 30 days after the next rent due date following the notice. Rent is prorated, no early termination charge is allowed, prepaid rent is refunded within 30 days, and dependents are released (R.I. Gen. Laws § 34-18-15(f)).
• National Guard members on state active duty for more than 90 days in a row have the rights of the federal Servicemembers Civil Relief Act, including ending a lease (R.I. Gen. Laws § 30-7-10).
• If a tenant leaves without notice, with rent more than 15 days unpaid and substantially all belongings gone, send a certified letter saying you will re-rent unless you hear back in seven days, then make reasonable efforts to re-rent at a fair rent (R.I. Gen. Laws § 34-18-11(1); R.I. Gen. Laws § 34-18-40).See Abandonment and belongings left behind on the Rhode Island page
• A party harmed by a breach must take reasonable steps to limit the damages (R.I. Gen. Laws § 34-18-5(a)).
• If the last tenant on the lease dies, a live-in caregiver or another adult living there may continue the lease for three months or the rest of the term, whichever is shorter (R.I. Gen. Laws § 34-18-38(d)).
• The verification can be a protective order, proof of filing for one, a police report, or a letter from a law enforcement official, attorney, health care provider, social worker, counselor, therapist or victim advocate. Keep it and the household's personal details confidential (R.I. Gen. Laws § 34-18-63(a), (b) (P.L. 2026, ch. 147)).
• A tenant ending the lease this way moves out within 30 days of the notice unless you agree otherwise, owes rent only through the later of the termination date or the move-out date, and gets the deposit back under the usual 20-day rule (R.I. Gen. Laws § 34-18-63(c) to (e) (P.L. 2026, ch. 147)).
• You may not refuse to rent to an applicant because the applicant ended a lease this way or asked for a lock change, and a lease may not waive these rights (R.I. Gen. Laws §§ 34-18-64, 34-18-67 (P.L. 2026, ch. 147)).

If the landlord breaks the lease or the maintenance duties in a way that materially affects health and safety, the tenant may give written notice that the lease will end on a date at least 30 days after you receive it unless the breach is fixed within 20 days. For code, repair, trash, water or heat failures whose reasonable cost is under $500 in total per year, the tenant may instead notify you and, if you do not comply or show ongoing good faith efforts within 20 days of written notice, have the work done in a skilled manner and deduct the cost after giving you an itemized statement (R.I. Gen. Laws § 34-18-28; R.I. Gen. Laws § 34-18-30; R.I. Gen. Laws § 34-18-31).

• If substantially the same breach recurs within six months, the tenant may end the lease on at least 14 days' written notice (R.I. Gen. Laws § 34-18-28(a)(2)).
• The tenant may also recover actual damages and get a court order, plus attorney's fees if the breach was willful (R.I. Gen. Laws § 34-18-28(b)).
• If the landlord willfully or negligently fails to supply heat, water, hot water, electricity, gas or another essential service, the tenant may, after reasonable notice, buy the service and deduct its cost, recover the lost rental value, or move to substitute housing and owe no rent for that time, plus attorney's fees (R.I. Gen. Laws § 34-18-31).
• In a nonpayment case or a suit for rent the tenant may counterclaim, and the court may order rent paid into court (R.I. Gen. Laws § 34-18-32).
• If fire or casualty substantially impairs the home, the tenant may move out and end the lease by written notice within 14 days, or, where lawful, stay and pay reduced rent for the usable part (R.I. Gen. Laws § 34-18-33).
• None of these remedies applies to a condition the tenant, the tenant's family or guests caused (R.I. Gen. Laws § 34-18-28(a)(3); R.I. Gen. Laws § 34-18-30(b); R.I. Gen. Laws § 34-18-31(d)).

Rhode Island has no statute that sets a general rule on subletting a home. The lease controls, so state in it whether the tenant needs your written consent (R.I. Gen. Laws chapter 34-18 (Residential Landlord and Tenant Act)).

• Under the Act, a tenant who sublets counts as a landlord toward the subtenant (R.I. Gen. Laws § 34-18-11(10) (P.L. 2026, ch. 147)).

Either side may end a month-to-month tenancy, or any periodic tenancy longer than a month and shorter than a year, by written notice delivered at least 30 days before the date named. A week-to-week tenancy needs at least 10 days, and a year-to-year tenancy needs notice at least three months before the end of the occupation year. Each notice should follow the statutory form (R.I. Gen. Laws § 34-18-37; R.I. Gen. Laws § 34-18-56).

• Without a fixed term, a tenancy is week to week for a roomer who pays weekly and month to month in every other case (R.I. Gen. Laws § 34-18-15(d)).
• The statutory form tells the tenant to leave on the first day after the end of the current rental period and to keep paying rent until then (R.I. Gen. Laws § 34-18-56(c)).
• If the tenant stays on after the date, you may file on the next day. A willful, bad faith holdover can cost up to three months' rent or three times your actual damages, whichever is greater, plus attorney's fees (R.I. Gen. Laws § 34-18-38(a), (c)).

Within 20 days after the latest of the end of the tenancy, the return of possession, or the tenant giving a forwarding address for the deposit, deliver a written notice itemizing any deductions together with the balance. You may deduct only unpaid accrued rent, reasonable cleaning, reasonable trash disposal, and physical damage beyond ordinary wear and tear caused by the tenant's failure to meet the tenant's duties (R.I. Gen. Laws § 34-18-19; R.I. Gen. Laws § 34-18-11).

• If you do not comply, the tenant may recover the amount due plus damages of twice the amount wrongfully withheld and reasonable attorney's fees (R.I. Gen. Laws § 34-18-19(c)).
• Ordinary wear and tear is deterioration from the tenant's normal, nonabusive living, and includes deterioration caused by the landlord's failure to prepare for expected conditions or to meet the landlord's own obligations (R.I. Gen. Laws § 34-18-11).
• Whoever holds the landlord's interest when the tenancy ends is bound by the deposit rules, so a buyer takes on the duty to return it (R.I. Gen. Laws § 34-18-19(g)).
• When a tenant ends the lease because of an uncured serious breach by the landlord, a fire or casualty, or an unlawful lockout or utility shutoff, return all recoverable security and all prepaid rent (R.I. Gen. Laws § 34-18-28(d); R.I. Gen. Laws § 34-18-33(b); R.I. Gen. Laws § 34-18-34).
• If a tenant dies and a household member stays on under the post-death grace period, you may deduct damage from the existing deposit but may not ask for a new one. The balance goes to that person if the grace period runs longer than one month, and to the estate otherwise (R.I. Gen. Laws § 34-18-38(d)(10)).